Immigrate with K-1 or change status from Tourist?

[benita 0]

Hello,

So here's our situation. My good childhood friend is visiting us on a B-2 (tourist) visa. We somewhat unexpectedly fell in love, and we want to marry. Yay!

She now wants to live in the USA with me (like hell I'm emigrating), naturally, and we're wondering what's the best course of action. Her tourist visa is good until May though her departure flight is late January. It looks like there are two options:

-She goes back to Armenia, I arrange the whole K-1 thing, she returns by that means and we live happily ever after.

-She stays and we file AOS via I-130, her relatives ship us her belongings, and we live happily ever after.

The reason we're asking is because AOS is something we prefer, it looks clearer and less waiting, but from what I understand to do so would require much evidence that she really was traveling with tourist intent, hope, a return ticket (she has one but it'll be expired by the time we'd marry), possibly a lawyer. She quit her job in her country shortly before traveling, which I know does not help. She's entered and left this country many times and her name is recognized by the embassy, which maybe does help.

What do you recommend? Staying and AOSing is preferred, but everything working out properly with minimal risk of deportation and banning is first priority. If we go with a K-1, any guess how long before she can return (we are really in love, you know)?

[Saddle Bronc 124]

IMO, use "better safe than sorry" approach and go for K-1 filing.

[ceadsearc 516]

The AOS is definitely riskier. How long has she been visiting? How long have you two been together? My concern would be that if you have had a whirlwind relationship and then marry and try to adjust on a B-2, it's going to look very suspicious - short courtships are already scrutinized more by USCIS.

[VanessaTony 3,567]

It's illegal to enter with a non-immigrant visa with intent to migrate.

Yeah the AOS option is pretty great one, not having to be apart and all... and if she was in the US and you suddenly decided to do it then no problem, but because she's not in the US, you're now planning it to try and circumvent immigration laws, so its illegal. Sorry

[benita 0]

Courtship has been for about a month (we've known each other since childhood though and due to holiday and other vacations from work, spent about every day together), she's been in the USA since late November. I do remember reading somewhere that two months is recommended courting before applying, but by then her travel plans would have to be adjusted which I also heard hurts credibility.

Much thanks for the responses by the way, I didn't think it'd be that quick :->

[benita 0]

Vanessa&Tony typed as I did it looks like (and editing said no permission); I've read over and over again from others' experiences that what you describe is indeed fraud. But, she did really enter with vacation intent and is currently in the US as such so this isn't the case you're describing. The hard part as far as I see is providing evidence for that, though her (our) conscience is clear. Extra flights and delays suck so we'd prefer AOS, the problem is whether or not that's a dependable choice.

[sachinky 465]

If there was no intent to immigrate at the time of POE, you can get married and file for AOS. Good luck! Read the guides!

[VanessaTony 3,567]

Vanessa&Tony typed as I did it looks like (and editing said no permission); I've read over and over again from others' experiences that what you describe is indeed fraud. But, she did really enter with vacation intent and is currently in the US as such so this isn't the case you're describing. The hard part as far as I see is providing evidence for that, though her (our) conscience is clear. Extra flights and delays suck so we'd prefer AOS, the problem is whether or not that's a dependable choice.

My apologies then. If she's currently in the US go ahead and file AOS and good luck

[ceadsearc 516]

Like the others said, without intent, you definitely can AOS. But in terms of what will be easiest, you'll probably be under a lot of scrutiny with getting married soon after arriving on a B-2 and a short courtship. A K-1 or CR-1 would be less risky, IMO, but since you genuinely didn't intend it AOS is an option if you choose to take it.

[benita 0]

We were actually thinking of ignoring her departure flight for sake of lengthening courtship, longer courtship is good for personal reasons too. Would that totally ruin credibility? Though K-1 is starting to sound like the clear choice one way or another...

[caeremonarius 26]

We were actually thinking of ignoring her departure flight for sake of lengthening courtship, longer courtship is good for personal reasons too. Would that totally ruin credibility? Though K-1 is starting to sound like the clear choice one way or another...

I'm not sure how that would ruin credibility. My then-fiancée was visiting for just a month (on VWP) when we decided to get married. We ignored her flight home, got married after she'd been here for two months, and had no questions about intent during our AOS interview.

Since your fiancée has until May before she needs to leave, I'd recommend lengthening your courtship. Again, since she had no intent to stay when she arrived, I doubt you'd have anything to worry about if you decide to adjust status for her after you get married.

Good luck!

AJ

[Neonred 3,575]

I know two people that came here on tourist visas and did AOS. One without intent to marry and one with intent (a no no) and in both cases there were no difficult questions or grilling. Both cases were successful. I suggest doing AOS directly.

[ceadsearc 516]

Since your fiancée has until May before she needs to leave, I'd recommend lengthening your courtship. Again, since she had no intent to stay when she arrived, I doubt you'd have anything to worry about if you decide to adjust status for her after you get married.

Good luck!

AJ

I agree with this!!

[USUY2010 4]

Here's my two cents: I arrived here in May for a month long vacation. I had visited before. When it was time to leave, my then bfriend and I didn't want to part ways one more time and decided to get married. We just ignored my flight back home, planned a small, intimate wedding and filed for AOS. After a few problems mailing the packages, USCIS finally got everything and the process started moving along.

Our interview date is for Jan 27th. and I've been told over and over again not to worry about intention on this forum, therefore, I am concerned with finding as much proof of our relationship and marriage being bona fide. If you decide to go AOS, now would be a good time to start finding all those old letters sent and received, old e-mails, even chat conversations if you have any, pictures, etc.

I wish you both all the best!

[Amy and Nick 37]

Have you considered the CR-1?

Get married, then she goes home and you file I-130. Slightly longer (8ish months rather than 6ish) but she is an LPR when she enters, rather than having to go through expensive AOS after K1.

IMO, AOS is a tricky situation at the moment. It sounds like you are intent on her living in the US, so you have to consider if she incurred a 3 or 10yr ban id AOS is denied, would you be willing to move?